American Ice Company v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1907, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1907, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to restrain the defendants from constructing a certain pier and bulkhead at or near the foot of West Eorty-tliird street in the city of New York, in such a way as to interfere with the right of the plaintiff to construct and maintain a pier at the foot of that street.
1Opinion of the CourtWerner, J.
Our decision in the condemnation proceeding, the appeal in which was argued and submitted with the appeal in the above-entitled action (Matter of Mayor, etc., of N. Y., 193 N. Y. 503), necessarily disposes of both cases. In the condemnation proceeding we decided that the American Ice Company has a right or franchise to maintain a pier at the foot of Forty-third street, but that it had no rights or easements in or over the lands there sought to be condemned. It follows from the latter conclusion that the commissioners of appraisal and the court at Special Term were right in refusing to make…
2Cases cited1 opinion
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1908
3Cited by2 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- American Ice Co. v. . City of New YorkNew York Court of Appeals · 1916